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HomeMy Public PortalAbout452CITY OF MEDINA ORDINANCE NO.452 AN ORDINANCE AMENDING HENNEPIN COUNTY PUBLIC WORKS FACILITY PLANNED UNIT DEVELOPMENT BY APPROVING A CONCEPT PLAN AND GENERAL PLAN OF DEVELOPMENT FOR A WIND ENERGY CONVERSION SYSTEM AND CIVIL DEFENSE SIREN WHEREAS, the county of Hennepin, a municipal corporation under the laws of Minnesota (the "County") is the owner of land located near the intersection of T.H. 55 and Arrowhead Drive in Medina, which land is legally described as Lot 1, Block 1 and Lot 1, Block 2, Hennepin County Public Works Facility Addition, according to the plat on file in Hennepin County, Minnesota (the "Property"); and WHEREAS, on September 5, 1995, the city of Medina, a municipal corporation under the laws of Minnesota (the "City") rezoned the Property to Planned Unit Development ("PUD") and at the same time approved a Concept Plan and General Plan of Development for various uses for the Property (collectively, the "PWF"), all in accordance with the City's planned unit development ordinance, code sections 827.24, et. seq.; and WHEREAS, on June 18, 1996 the County and the City entered into a Planned Unit Development Agreement (the "PUD Agreement") in order to facilitate development of the PWF in a manner consistent with the approved Concept Plan and General Plan of Development and to memorialize additional understandings between the parties; and WHEREAS, the County subsequently developed the PWF by constructing those improvements for which both Concept Plan and General Plan of Development approval were given but not those uses or expansions for which only Concept Plan approval was granted; and WHEREAS, the County has requested an amendment to the PUD and approval of a revised Concept Plan and General Plan of Development to allow the construction at the PWF of a wind energy conversion system ("WECS") and a civil defense siren; and WHEREAS, under City code, amendment of a PUD requires submission of an appropriate application and review of that application under the same procedure required of a Concept Plan and, if also requested, of a General Plan of Development; and WHEREAS, the County submitted the necessary documents and information and requested amendment of its PUD Concept Plan and General Plan of Development in order to be allowed to construct the WECS and civil defense siren at the PWF; and WHEREAS, the Medina planning commission held public hearings and considered the County's application at its regular meetings on June 10, 2008 and August 12, 2008 as well as at a special meeting held on July 17, 2008; and Ordinance No. 452 November 18, 2008 WHEREAS, the Medina city council considered the County's application at its meetings on September 2, 2008, October 21, 2008 and November 5, 2008, at which meetings City staff gave its reports and recommendations, County representatives made presentations and extensive public testimony, both oral and written, was received and considered. NOW, THEREFORE, based on the full record before it, the city council of the city of Medina makes the following findings of fact regarding the County's application for an amended PUD and approval of a revised Concept Plan and General Plan of Development for a WECS and civil defense siren on the PWF: 1. Consistent with Comprehensive Plan The PWF was approved in 1995 and was constructed subsequently in accordance with the approved PUD. The City's 2000-2020 Comprehensive Plan recognized the existence of the PUD and its relationship to surrounding land uses. The City's 2010-2030 Comprehensive Plan, while not yet formally approved by the Metropolitan Council, continues to recognize the existence of the PUD and envisions the T.H. 55 corridor, including the PWF, as the location of a significant portion of the City's future growth. The Comprehensive Plan also commits the City to supporting environmentally sustainable and low impact development, both of which are encouraged by the use of renewable energy sources. The amended PUD is consistent with the City's current and proposed Comprehensive Plan. 2. Consistent with intent and purpose of the PUD ordinance The City adopted its PUD ordinance in 1995 in connection with development of the PWF. Section 827.25 of the City's PUD ordinance says that its purpose of a planned unit development is to "allow greater flexibility in the development" of the community by "incorporating design modifications" and allowing "a mixture of uses," within the PUD. Among the specifically articulated purposes of the PUD ordinance are "innovations in development" by the "conservation and more efficient use of land"; the "creative use of land and related physical development" to "allow phased and orderly development"; "efficient use of land" and "smaller networks of utilities" resulting in "lower development costs and public investments", and a "more desirable and creative environment than might be possible through the strict application of zoning and subdivision regulations." The PWF, including the proposed WECS and civil defense siren, represents a collection of uses not otherwise permissible in any single zoning district but which have been and will be successfully planned and developed through tailor-made land use regulations uniquely allowed in planned unit developments. The amended PUD is consistent with the intent and purpose of the PUD ordinance. Ordinance No. 452 2 November 18, 2008 3. Not detrimental to public health, safety or welfare Discussion about the proposed WECS has focused on concerns about a number of potential negative impacts on nearby properties or the community as a whole. Among those which were presented to and considered by the city council are the following: a) Noise. Based on personal observation of existing WECS of similar size, the presence of other sources of noise in the vicinity and the distances from the proposed WECS to other properties, noise is not likely to have a significant impact on adjacent properties. b) Property values. Based on studies submitted by the County regarding the affect on property values of other WECS locations and the distances of the proposed WECS from surrounding properties, it is unlikely adjacent properties will experience any significant decrease in value as a result of construction of the WECS. c) Threats to flying animals. Based on studies submitted by the County regarding other WECS locations, use of a monopole tower design and the absence of overhead transmission lines associated with the WECS, there is not likely to be any significant interference with or threat to birds and bats as a result of construction of the WECS. d) Effects on horses. Based on the testimony of persons owning horses in close proximity to other WECS, evidence presented by the County regarding the University of Minnesota study on the effects of WECS on horses and the absence of any other scientific evidence suggesting horses will be adversely affected, it is unlikely that the proposed WECS will adversely affect horses on nearby properties. e) Visibility/impact on rural character of the city. There is no doubt that the proposed WECS will be visible from surrounding properties and to traffic on T.H. 55. No scientific evidence has been presented, however, to suggest that WECS pose a threat to public safety by distracting drivers. In fact, large numbers of WECS are currently located near major transportation corridors throughout North America and Europe. Whether WECS are attractive or unattractive is a personal judgment but they are likely to become more commonplace and less conspicuous as renewable sources of energy become increasingly important. The rural character of Medina seems unlikely to be adversely affected since most WECS are located in rural areas. (f) Other threats to public health, safety or welfare. Construction of the WECS will be subject to compliance with other City codes and the regulations of other governmental jurisdictions. The city council finds no credible evidence that there exists a likelihood of any other significant threat to the health, safety Ordinance No. 452 3 November 18, 2008 or welfare of the community if the WECS is constructed in accordance with such requirements. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, that based on the above Findings of Fact, after a thorough review of the complete record before the City and after careful consideration of all comments and observations offered by City staff, representatives of the County and testimony by members of the public, the city council does hereby approve an ordinance amending the Hennepin County Public Works Facility Planned Unit Development by approving a Concept Plan and General Plan of Development for a Wind Energy Conservation System and civil defense siren on the PWF, subject to the following terms and conditions: 1. The County is authorized to install a single WECS not to exceed 3.0 megawatts at the location illustrated as Option 1 on the site plan, or to an alternative location north thereof, previously submitted to the City (attached hereto as Exhibit -A). The maximum height allowed of the WECS shall not exceed 80 meters (approximately 262 feet) at the nacelle and 124 meters (approximately 407 feet) as measured from the maximum extension of the rotors. The setback of the WECS from all property lines shall at least equal the maximum height; 2. The County must provide an updated wetland delineation report and illustrate the wetland boundaries on the site plan as specified by the city engineer review memo dated June 2, 2008; 3. The County must comply with all requirements of the Medina code of ordinances at time of construction, including but not limited to the City's wetland ordinance; 4. To utilize the approval hereby granted the County must obtain Final Plan approval and initiate construction of the WECS within two years from the date of approval of this PUD amendment or the approval for the WECS will be null and void; 5. The WECS must meet all noise standards, both daytime and night time, as established by the Minnesota Pollution Control Agency and recommended by the Minnesota Public Utilities Commission L-WECS standards; 6. The WECS and civil defense siren must meet all Minnesota building codes and applicable Minnesota Pollution Control Agency, Federal Communication Commission and Federal Aviation Administration rules and standards. The County also must correct any harmonic vibrations or resonant frequency activations to buildings on affected properties which are attributable to the WECS; 7. The County must obtain all permits and approvals required by other relevant governmental entities, including the Minnesota Pollution Control Agency, Elm Creek Watershed District, Minnesota Public Utilities Commission, Federal Communication Commission and Federal Aviation Administration; Ordinance No. 452 4 November 18, 2008 8. The County must provide adequate security measures, including fencing where necessary, to prevent outside tampering or malicious intent by others to damage, destroy, deface or affect the WECS's operations or structure; 9. Any proposed grading activities associated with the Option 1 site must be shown on the final site plan for review; 10. The WECS tower and footings must be design engineered by a licensed structural engineer and approved by the City building official at the time of building permit submittals; 11. The County must make available all information related to the costs to design, engineer and construct the WECS to assist in Medina's review, planning or budgetary preparation for a potential future Medina public works facility and its related land uses. The County also must provide public information related to the WECS and the energy saving measures and provide on -site tours, if possible, for members of the public; 12. The County must use its best efforts to obtain permission from the sheriff to allow the City to install a supervisory control and data acquisition antenna on the existing sheriff s radio tower at the PWF; 13. The County must submit to the City a WECS decommission plan. Upon the planned termination of operation of the WECS or if the WECS becoming non -operational for any reason, the County must dismantle and remove from the PWF the tower, generators, blades and other related equipment within six (6) months from the date the WECS becomes non -operational. The City may allow reasonable extension due to equipment malfunctions or repairs, but only if the County demonstrates ongoing efforts to repair or replace the WECS or related equipment; 14. The WECS shall be a commercially available, utility scale model and not considered a prototype. The WECS shall be installed on a tubular, monopole design tower, with no accessible areas for bird perching or nesting. The WECS shall be a uniform white/off-white color and shall be marked with visible identification numbers, if necessary. Final plans and specifications for the WECS must be reviewed and approved by the City at Final Plan approval to ensure compliance with all conditions of approval; 15. Prior to construction, the County must prepare and submit to the City a fire protection and medical emergency plan in consultation with the responsible fire department. The County must register the WECS in the City's emergency 911 system; 16. Prior to construction, the County must submit to the City a plan for conducting an assessment of television signal receptions and microwave signal patterns in the PWF area. The assessment shall be designed to provide data that can be used in the future Ordinance No. 452 5 November 18, 2008 to determine whether the WECS and associated facilities are the cause of disruption or interference of television reception or microwave patterns in the event there are complaints about such disruptions or interference after the WECS has been installed and in operation. The County shall be responsible for alleviating any disruption or interference caused by the WECS or any associated facilities. The County shall not operate the WECS and associated facilities so as to cause microwave, television, radio, telecommunications or navigation interference in violation of Federal Communication Commission regulations or other laws. In the event the WECS or its operation causes such interference, the County must take timely measures necessary to correct the problems; 17. The WECS tower shall be marked as required by the Federal Aviation Administration. There shall be no lights on the towers other than those required by the Federal Aviation Administration; 18. Prior to construction, the County shall participate in a pre -construction meeting with the City to coordinate field monitoring of construction activities; 19. Within 24 hours of an occurrence, the County must notify the City of any extraordinary event, including but not limited to fires, tower collapse, thrown blades, collector or feeder line failures, injured workers or other persons, kills of migratory, threatened or endangered species; or discovery of a large number of dead birds or bats of any variety on site. In the event of extraordinary avian mortality, the Minnesota Department of Natural Resources shall be notified within 24 hours. The County must, within 30 days of the occurrence, submit a report to the City describing the event and possible cause of the occurrence and the steps to avoid future occurrences; 20. Prior to construction, the County must submit to the City the procedures it will use to receive and respond to complaints. The County must report to the City all complaints received concerning any part or activities related to the operation of the WECS; 21. Within 60 days after completion of the WECS, the County must submit to the City a copy of the as -built plans and specifications. The County must also submit this data in a geographic information system (GIS) format for use in a statewide or local government database; and 22. The County must pay to the City a fee in an amount sufficient to reimburse the City fully for the cost of reviewing this application. NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of Medina as follows: 1. Nothing herein shall be deemed to constitute Final Plan approval as specified in the City's PUD ordinance. No building or other permit shall be issued and no Ordinance No. 452 6 November 18, 2008 construction or other site preparation activity may take place until the County has submitted and the City has reviewed and approved the plans, drawings, documents and other information necessary for the City to grant Final Plan approval for the WECS. 2. All terms and conditions of this approval, including but not limited to the maximum height of the WECS, must be adhered to but an increase in energy capacity of up to 4.9 megawatts for a single WECS shall be permitted. If the WECS is 3.0 megawatts or greater, a maximum height not to exceed 80 meters (approximately 262 feet) at the nacelle, and an increase in maximum height not to exceed 125 meters (approximately 410 feet) as measured from the maximum extension of the rotors shall not be considered a substantial deviation under section 807.41 of the PUD ordinance. The flexibility permitted the County under the 1996 PUD Agreement with regard to previously approved PWF uses shall not apply with regard to the WECS. 3. Except as specifically detailed herein, the terms and conditions of the 1996 PUD Agreement shall remain in full force and effect. Nothing herein shall be deemed to constitute General Plan of Development approval for those PWF uses and expansions of existing uses for which only Concept Plan approval was granted previously. Dated: November 18, 2008. • 7, T. M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Whereupon said ordinance was declared duly passed and adopted and shall be effective upon publication. Published in the South Crow River News this 21 day of November, 2008. Ordinance No. 452 7 November 18, 2008 EXSMI3 RADIO ONES OPTION l PNOPO531 MIND TUN&NE tA'rt M r5'291Aft1 IAN .1I1UDE: M7E YS°SS .1111A .LE'LAM Exhibit - A POTENTRL CRY OF FAEDMA Ch t DEFENSE 51a[rl 0 50 MNY 600' 1"1C1 PllD AMENDMENT NENNEPIN COUNTY PUBLIC WORKS DN! MAY G, i008 Coma M6 l,MTZ036 Tll. SITE PLAN Draw* No. 1 AE1111E11U1A1 MINCE Ne CLIFTON ANINu[ SOLI, MiNMaAPol1E, INTIM ou.,161et•It!! TFI 111I297I $TM! FAX 1100971.M/ Ordinance No. 452 November 18, 2008 8